Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Aviation Transport Security Act 2004
1 Title
Omit " related ", substitute " other ".
2 At the end of subsection 3(1)
Add:
Note: Division 10 of Part 4 has additional purposes (see section 74J).
3 Section 4 (at the end of the paragraph relating to Part 4)
Add "It also allows the Minister to determine a code regulating and authorising the use of optical surveillance devices at airports and on board aircraft.".
4 Section 9
Insert:
"optical surveillance device" has the same meaning as in the Surveillance Devices Act 2004 .
5 At the end of Part 4
Add:
Division 10 -- Optical surveillance devices
In addition to the purposes of this Act, the purposes of this Division include the following:
(a) preventing and detecting contraventions of, or offences against:
(i) this Act; or
(ii) any other law of the Commonwealth;
at airports or on board aircraft;
(b) safeguarding Commonwealth interests.
74K Minister may determine code
(1) For the purposes of this Division, the Minister may, by legislative instrument, determine a code that regulates and authorises, despite any law of a State or a Territory, the use of optical surveillance devices by aviation industry participants:
(a) at a security controlled airport; or
(b) on board an aircraft that:
(i) is at a security controlled airport; or
(ii) is a prescribed aircraft; or
(c) in a vehicle that:
(i) is on board an aircraft covered by paragraph (b); or
(ii) is at a security controlled airport.
(2) The code may also regulate and authorise the use or disclosure of a signal, image or other information obtained by the use of the optical surveillance devices.
(3) Regulations made for the purposes of this section may prescribe penalties for offences against the code. The penalties must not exceed 50 penalty units.